ARTICLE 7

SPECIAL EDUCATION

(Series 7000)
POLICY

SPECIAL EDUCATION POLICY

LINCOLN PUBLIC SCHOOLS

LINCOLN, NEBRASKA

REGULATION

7000

POLICY AND REGULATION MANUAL

Policy
7000
SPECIAL EDUCATION
Special Education Policy
Lincoln Public Schools adopts this special education policy with the intent that the policy
maintains the Districts compliance with all applicable laws affecting special education services
and programs. The Superintendent or designees shall develop regulations or procedures to
implement these policies. Employees and contractors of the District are expected to comply with
these policies and all regulations, guidelines and procedures related to this policy in all respects.
The District will abide by all state and federal laws relating to special education. The Districts
special education policy and regulations, guidelines and procedures related to this policy are to be
interpreted so as to be in compliance with such laws. In the event of changes in law, the school
administration shall be authorized to implement modifications of practice to comply with such
changes (whether the changes impose more or less stringent procedural or substantive
requirements) until such time as amended policies are adopted by the Board of Education.
References herein to 92 NAC 51 citations are made to Rule 51 as in effect on the date of the
adoption of this policy. In the event of renumbering or other revisions to Rule 51, the policy
shall be interpreted and implemented consistent with such renumbering or revisions.
1.

Free Appropriate Public Education

A free appropriate public education shall be made available to all children with disabilities
residing in the District from date of diagnosis through the school year in which the student
reaches 21 years of age, including children with disabilities who have been suspended or
expelled.
Legal Reference: 92 NAC 51-004.01 through 004.03A and 007.07C2 through 007.07C6

2.

Full Educational Opportunity Goal

The District shall take steps to ensure that its children with verified disabilities have
available to them the variety of educational programs and services available to children
without disabilities in the areas served by the District, including art, music, industrial arts,
family consumer science education and vocational education.
Legal Reference: 92 NAC 51-004.11A

LINCOLN PUBLIC SCHOOLS

LINCOLN, NEBRASKA

POLICY AND REGULATION MANUAL

Policy
7000
SPECIAL EDUCATION
Special Education Policy (Continued)
3.

Child Find
All children with disabilities residing in the District, including children with disabilities
who are homeless or are wards of the state or attending nonpublic schools, regardless of the
severity of their disabilities, who are in need of special education and related services, will
be identified, located and evaluated and a practical method shall be developed and
implemented by the administration to determine which children with disabilities are
currently receiving needed special education and related services.
Legal Reference: 92 NAC 51-006.01 through 006.01A2

4.

Individualized Education Program (IEP)

An individualized education program, or an individualized family service plan, is to be
developed, reviewed and revised for each child with a disability in accordance with
92 NAC 51-007.
Legal Reference: 92 NAC 51-007

5.

Least Restrictive Environment

To the maximum extent appropriate, children with disabilities, including children in public
or private institutions or other care facilities, are to be educated with children who are not
disabled; and special classes, separate schooling or other removal of children with
disabilities from the regular educational environment will occur only when the nature or
severity of the disability of a child is such that education in regular classes with the use of
supplementary aids and services cannot be achieved satisfactorily.
Legal Reference: 92 NAC 51-008.01 through 008.011

6.

Procedural Safeguards
Children with disabilities and their parents shall be afforded the required procedural
safeguards.
Legal Reference: 92 NAC 51-009.01 through 009.07; 009.10 through 009.12; 009.14,
006.07 and 016.01

LINCOLN PUBLIC SCHOOLS

LINCOLN, NEBRASKA

POLICY AND REGULATION MANUAL

Policy
7000
SPECIAL EDUCATION
Special Education Policy (Continued)
7.

Evaluation and Identification Procedures

Children with disabilities shall be evaluated and identified in accordance with
92 NAC 51-006. The District will respond to a request for an Independent Educational
Evaluation without unnecessary delay. Locations of any evaluator shall be within a
reasonable distance of the District. A reasonable distance means within 200 miles of the
school building the child attends. The District will provide the parent(s) with a list of
qualified agencies/evaluators within the geographic area. The evaluators are to have their
rates approved by the Nebraska Department of Education to be authorized to conduct the
evaluation.
Legal Reference: 92 NAC 51-006

8.

Confidentiality of Personally Identifiable Information

The confidentiality of student records and information shall be maintained in accordance
with law.
Legal Reference: 92 NAC 51-003.16, 003.20, 009.03 through 009.03M3

9.

Transition of Children from Part C to Preschool Programs

Children participating in early intervention programs under Part C of the IDEA (early
intervention services) and who will participate in preschool programs assisted under Part B
of the IDEA (services for school-aged children) shall experience a smooth and effective
transition to those preschool programs in a manner consistent with 92 NAC 51-007.16. By
the third birthday of such a child, an individualized education program or an individualized
family service plan shall be developed and be implemented for the child. The District will
participate in transition planning conferences arranged by the designated lead agency.
Legal Reference: 92 NAC 51-007.16 through 007.16B1b

10.

Children in Nonpublic Schools

To the extent consistent with the number and location of children with disabilities in the
District who are enrolled by their parents in nonpublic elementary and secondary schools in
the District, provision will be made for the participation of those children in the programs
assisted or carried out under Part B of the IDEA (services for school-aged children) by
providing them with special education and related services.
Legal Reference: 92 NAC 51-012.08 and 015

LINCOLN PUBLIC SCHOOLS

LINCOLN, NEBRASKA

POLICY AND REGULATION MANUAL

Policy
7000
SPECIAL EDUCATION
Special Education Policy (Continued)
11.

Personnel Standards and Personnel Development

Personnel providing special education or related services to children with disabilities shall
be appropriately and adequately prepared and trained in accordance with IDEA
requirements and the District will take measurable steps to recruit, hire, train and retain
personnel meeting the requirements of IDEA to provide such services.
Legal Reference: 92 NAC 51-010

12.

Participation in and Reporting of State and District-wide Assessments

All children with disabilities shall be included in all general state and district-wide
assessment programs, including assessments described under section 612(a)(16)(A) of the
IDEA with appropriate accommodations and alternate assessments where necessary and as
indicated in their respective individualized education programs. The District will make
available to the Nebraska Department of Education the information necessary to carry out
its duties relating to the reporting of children with disabilities participation in assessments.
Legal Reference: 92 NAC 51-004.05

13.

Suspension and Expulsion Rates

The District will examine data, including data disaggregated by race and ethnicity, to
determine if significant discrepancies are occurring in the rate of long-term suspensions and
expulsions of children with disabilities.
Legal Reference: 92 NAC 51-004.06E

14.

Access to Instructional Materials

In the event the District chooses to coordinate with the National Instructional Materials
Access Center (NIMAC) when purchasing print instructional materials, the District will
enter into a written contract with the publisher of the print instructional materials to:
a.

b.

Require the publisher to prepare and, on or before delivery of the print instructional
materials, provide to the National Instructional Material Access Center, electronic
files containing the contents of the print instructional materials using the National
Instructional Materials Accessibility Standard, or
Purchase instructional materials from the publisher that are produced in, or may be
rendered in, specialized formats.

Legal Reference: 92 NAC 51-004.15

LINCOLN PUBLIC SCHOOLS

LINCOLN, NEBRASKA

POLICY AND REGULATION MANUAL

Policy
7000
SPECIAL EDUCATION
Special Education Policy (Continued)
15.

Over-Identification and Disproportionality

Procedures shall be in place to ensure that testing and evaluation materials and procedures
utilized for the evaluation and placement of children with disabilities will be selected and
administered so as not to be racially or culturally discriminatory. Such materials or
procedures shall be provided and administered in the childs native language or mode of
communication, unless it is clearly not feasible to do so, and no single procedure shall be
the sole criterion for determining an appropriate educational program for a child.
Legal Reference: 92 NAC 51-003.10; 006.02C

16.

Prohibition on Mandatory Medication

Children shall not be required to obtain a prescription for a controlled substance nor will
they be required to take a medication as a condition of attending school, receiving an
evaluation to determine whether a child has a disability or the nature and extent of special
education and related services the child needs or receiving special education services.
Legal Reference: 92 NAC 51-004.11D; 21 U.S.C. 812(c)

17.

Transportation
Transportation will be provided for children with disabilities who are eligible for
transportation and residents of the School District as required by law.
Legal Reference: 92 NAC 51-014.01 through 014.02

18.

Surrogates
A surrogate will be appointed and other action taken to ensure the rights of children with a
disability as required by law.
Legal Reference: 92 NAC 51-009.10

Date of Adoption (or Last Revision):

Related Policies and Regulations:
Legal Reference:

LINCOLN PUBLIC SCHOOLS

LINCOLN, NEBRASKA

12-13-2011
34 CFR Parts 300, 303 and 304
Neb. Rev. Stat. 79-1110 to 79-1167
92 NAC 51

POLICY AND REGULATION MANUAL